ARCH SPECIALTY INSURANCE COMPANY
v.
FLORIDA WINDOW CO.
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The court held that the defendant failed to show good cause to amend the scheduling order to file a third-party complaint.
The defendant sought leave to file a third-party complaint after the deadline to amend pleadings had passed. The court had previously granted extensio…
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uo . SOUTHERN DISTRICT OF FLORIDA Case No. 18-24237-ClV-O'SULLIVAN oo! [CONSENT]
ARCH SPECIALTY INSURANCE COMPANY, Plaintiff, oe
FLORIDA WINDOW co. and
NORTHFIELD HOLDING CORP. .
d/b/a FLORIDA WINDOW AND DOOR, Defendants. | SO
ORDER
THIS MATTER is before the Court on the Unopposed Motion for Leave to File
2019. See Scheduling Order for Pretrial Conference and Trial (DE# 57, 4/291 9). The
Court later granted the parties leave to amend their pleadings by July 30, 2019. See , Order (DE# 73, 7/29/19). The defendant, Northfield Holdings Corp., now seeks to amend the pleadings to file a third-party complaint. . While leave to amend a pleading is “freely given” under Rule 15(a), a court must also consider the requirements of Rule 16(b)(4); which provides that aCase Management and Scheduling Order “may be modified only for good cause and with the
judge’s consent.” Fed. R. Civ. P. 16(b)(4): Sosa V. Airp rint Sys.; Inc., 133 F. 3d 1417, 1418-19 (1 1th Cir. 1998). Here, the parties were previously granted leave to amend the pleadings. Moreover, the discovery cutoff in the instant case is December 2, 2019 and
trial in this matter is set for April 13, 2020. See Order Setting Pretrial Conference and __
_ Trial Date (DE# 74, 7/29/19). The defendant seeks leave to raise claims against the broker and agent ina third-party complaint. Allowing the defendant to add new parties this juncture in the proceedings would hinder the case from going forward under the deadlines set by the current scheduling order. In sum, the defendant has failed to show good cause supporting the modification of the Court’s scheduling order. Accordingly [...] based on the foregoing, it is
ORDERED AND ADJUDGED that the Unopposed Motion for Leave to File [...] Third-party Complaint and Incorporated Memorandum of Law (DE# 82, 10/4/19)
DENIED.
DONE AND ORDERED in Chambers at Miami, Florida, this 4th day of October, 2019.
JOHN J. G'SULLIVAN
CHIEF UNITED|STATES MAGISTRATE JUDGE |